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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2014

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This Order considers a proposed new regulation to adopt the most recent and/or highest available version of the International Energy Conservation Code and the latest ASHRAE/IENSA energy standard as required by 16 Del.C. §7602, as well as 29 Del.C. §8058. The proposed new regulation will hereinafter be known as 7 DE Admin. Code 103: State Energy Conservation Code.
Delaware's Energy Conservation Code Act (16 Del.C. §7602) requires DNREC to adopt the most recent and/or highest available version of the International Energy Conservation Code ("IECC"), and the latest ASHRAE/IESNA energy standard. Such regulation must also set forth procedures for certification of compliance with these codes and standards to be utilized by the respective local governments.
The Department's Division of Energy & Climate commenced the regulatory development process with Start Action Notice 2013-27. The Department published its initial proposed regulation in the December 1, 2013 Delaware Register of Regulations. The Department then held a public hearing on January 6, 2014. The public hearing record remained open at that time for public comment through January 22, 2014.
7. The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
1.3 Delaware Code Title 16 Section 7602 provides the authority for adopting Delaware Energy Conservation Code. These regulations are promulgated under the authority of 16 Del.C. §7602.
ASHRAE” means the ANSI/ASHRAE/IES Standard 90.1: Energy Standard for Buildings except Low-Rise Residential Buildings published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.
“Department” means the Department of Natural Resources and Environmental Control, the Division of Energy and Climate or the Delaware Energy Office.
DET verifier” means a certified Duct and Envelope Tightness verifier. A certified DET verifier shall be a certified Home Energy Rating Systems (HERS) rater, or be a certified Home Performance with ENERGY STAR contractor, or be a Building Performance Institute (BPI) [Analyst Heating Professional to perform duct tightness testing or a BPI Building Analyst or Envelope Professional to perform building tightness testing], or successfully complete a course that is approved by the Department of Natural Resources and Environmental Control.
“IECC” means the International Energy Conservation Code published by the International Code Council, Inc.
4.1 The following additions, insertions, deletions, and other changes are hereby made to the 2012 International Energy Conservation Code.
4.1.1 R403.2.2 amend to add: Supply duct tightness shall be verified by either of the following:
3. Piping from the water heater to kitchen outlets.
8. Supply and return piping in recirculation systems other than demand recirculation systems.
9. Piping with run lengths greater than the maximum run lengths for the nominal pipe diameter given in Table R403.4.2.
requirements of Table R403.4.2. Delete Table R403.4.2 without substitution.
4.1.3 R402.4.1.2:
Exception: A building or dwelling unit with 2,000 ft2 or less of conditioned floor area (CFA) may satisfy R402.4.1.2 if it:
[(1) attains a HERS Score of 69, using ResNET appliance and plugload defaults;
[(2)(1)] is tested to have an air leakage rate no greater than:
4.1.4 R403.2.3 Building framing cavities shall not be used as ducts or plenums.
Exception: Returns run exclusively through conditioned space.
4.1.5 R403.5 The building shall be provided with ventilation that meets the requirements of the International Residential Code (IRC) or International Mechanical Code (IMC), as applicable, or with other approved means of ventilation. Outdoor air intakes shall have automatic or gravity dampers that close when the ventilation system is not operating. Required ventilation rates shall also include adequate provisions for fuel-fired appliance, stove and fireplace makeup air supply; kitchen, bath, clothes dryer, and central vacuum exhausts; and other makeup air system supplies and/or exhausts as required in either the IRC or IMC.
Last Updated: December 31 1969 19:00:00.
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